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Trustee Fee Change Alert
[July 9, 2010]
The Trustee Fee for FY 2011 has not yet been set by the United States Trustee but we anticipate that it will increase.
Please consider calculating cases with an 8% fee to account for any future increases in fees.
Debtor Orientation
[June 7, 2010]
As we near the one year anniversary of the Debtor Orientation Program we would like to take an opportunity to examine the classes and fine tune the program. To date we have received very positive feedback. We have also seen a positive impact on cases at confirmation since the program started. However, we believe that there is always room for improvement.
Debtor Orientation classes are conducted at the start of each hour of scheduled Meetings and last about 50 minutes. The purpose of the Orientation is to help debtors better understand the Chapter 13 process (not to provide legal advice). It consists of a PowerPoint presentation followed by Q & A. We also make the slide presentation available as a handout to the debtors.
We encourage your feedback on the program. Please send comments to comments@det13.com.
Please let us know how you think we could improve the program, or if you think some aspect of the program is particularly strong. We're interested in all comments and feedback.
Now Hiring
[May 28, 2010]
Employment opportunities are available at the Office of David Ruskin, Ch 13 Trustee. Please visit the Employment Opportunities link on the Information page of this website for details.
IRS guide to Form 2848
[April 7, 2010]
The IRS has a pamphlet detailing how to complete Form 2848, along with a checklist of common problems.
A PDF copy of the pamphlet can be found HERE.
IRS Form 2848 with Interactive Form Fields
[April 6, 2010]
The IRS Form 2848 available on our website now has built in form fields that will allow you to tab through and fill out the information in the required fields.
The form is available HERE.
Please note that the debtor(s) must initial Section 6. There is no form field there because it must be written initials, not typed.
Office Restructuring
[March 31, 2010]
Effective April 1, 2010, the Case Analyst department will be restructured. There will no longer be a split between Pre and Post Confirmation duties.
Please download a copy of our Who Does What and distribute it in your office.
IRS Form 2848 - Power of Attorney
[March 25, 2010]
On March 12, 2010, the Judges of the United States Bankruptcy Court for the Eastern District of Michigan issued a Notice that in all Chapter 13 cases where the Plan has not yet been confirmed and in which the Plan provides for payment of tax refunds to the Trustee, the debtor shall sign, as requested by the Trustee, IRS forms to authorize the IRS to forward those tax refunds directly to the Trustee.
A sample completed IRS Form 2848 can be found HERE, as well as in the Forms section of the Library page of this website.
The Chapter 13 Trustees have discussed this requirement and have adopted a processes to implement this new Notice.
Details of this process can be found HERE. This document is also listed in the forms section of the Library page of this website.
District Court IRS Opinion
[January 28, 2010]
The recent District Court opinion regarding the requirement for the IRS to send refunds directly to the Trustees is available on the Library page of this website.
Updated Order Confirming
[January 22, 2010]
A new version of the Order Confirming Plan is available in the Forms section of the Library page of this website. The new OCP has been updated to reflect the ruling regarding tax refunds. Please begin using this new version of the Order immediately.
Mortgages and Best Practices
[July 28, 2009]
To assist the debtor and creditor bar in complying with the legal requirements for filing POCs, the National Association of Ch 13 Trustees and mortgage servicers and their counsel have worked together to produce a set of best practices for both creditors and trustees.
The document can be found HERE in PDF format.
Income Verification Documents
[December 4, 2006]
Please do not send tax returns, pay stubs and other income verification documents to anyone but the paralegal assigned to the case.
Failure to send the documents to a paralegal can result in delays in processing the information and could result in the 341 being adjourned.
Please see our Who Does What for a directory of paralegal staff.
Joint ECF Announcement
[August 4, 2006]
The Standing Chapter 13 Trustees for the Eastern District of Michigan have issued a joint memo regarding service of documents
per LBR 9013-3 and ECF Procedure 4(e). The memo can be found HERE in PDF format.
Reminder of Documents Required for 341
[December 15, 2005]
As announced in October of 2003, effective with cases filed on or after January 1, 2004, the offices of David Ruskin, Krispen Carroll and Tammy Terry will be requiring
tax returns and pay stubs to be provided to the Trustees before the Meeting of Creditors.
The full policy can be found HERE in PDF format.
Policy Regarding Fee Applications
[October 7, 2003]
The offices of Tammy Terry, Krispen Carroll and David Ruskin have agreed to a standardized
policy for dealing with fee applications in dispositive orders.
This policy can be found HERE in PDF format.
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